Constitution Amendment Act, 1993

by enacted by the Parliament of South Africa

Act

To amend the Republic of South Africa Constitution Act, 1983, so as to terminate the existence of the President’s Council; to provide for the reference of a bill to the Houses of Parliament in a joint sitting in the case of disagreement thereon among the Houses; and to regulate certain matters resulting therefrom; and to provide for matters connected therewith.

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(Afrikaans text signed by the State President.)
(Assented to 23 June 1993.)

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Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:―

Substitution of section 17 of Act 110 of 1983

1. The following section is hereby substituted for section 17 of the Republic of South Africa Constitution Act, 1983 (hereinafter referred to as the principal Act):

“Consultation by State President of Speaker and Chairmen on certain matters

17. [(1) The State President may refer any question which is being considered by him in terms of section 16 to the President’s Council for advice.]

(2) (a) Before the State President issues a certificate under section 31 in respect of a bill or an amendment or a proposed amendment thereof, he shall consult the Speaker of Parliament and the Chairmen of the respective Houses in such manner as he deems fit.

(b) Paragraph (a) does not apply to the issue of a certificate in respect of a bill or an amendment thereof which has been altered as a result of the consultation in terms of that paragraph.”.

Amendment of section 32 of Act 110 of 1983, as amended by section 5 of Act 105 of 1984

2. Section 32 of the principal Act is hereby amended―

(a)		by the substitution for the words following upon paragraph (d) of subsection (1) of the following words: “the State President may during that session refer the bill [or] and the different versions thereof which have been passed, as the case may be, to [the President’s Council] a joint sitting of the Houses contemplated in section 67(2)(b)(ii) for [its decision] consideration: Provided that the State President may withdraw the reference at any time before the [President’s Council] Houses at the joint sitting [gives its] give a decision on the bill.”;
(b)		by the insertion after subsection (1) of the following subsections: “(1A) Unless the State President withdraws a reference in terms of subsection (1), the Houses may at the joint sitting by a majority of the members present reject the bill or pass it as introduced or as amended at such joint sitting. (1B) A bill passed by the Houses at a joint sitting in terms of subsection (1A) shall be deemed to have been passed by Parliament.”; and
(c)		by the deletion of subsections (3), (4) and (5).

Amendment of section 33 of Act 110 of 1983

3. Section 33 of the principal Act is hereby amended by the deletion of paragraph (b) of subsection (1).

Amendment of section 55 of Act 110 of 1983, as amended by section 22 of Act 69 of 1986

4. Section 55 of the principal Act is hereby amended by the deletion of paragraph (a) of subsection (2).

Amendment of section 67 of Act 110 of 1983, as amended by section 10 of Act 105 of 1984 and section 3 of Act 50 of 1988

5. Section 67 of the principal Act is hereby amended―

(a)

by the substitution for subsection (2) of the following subsection:

“(2) The State President―

(a)

may call a joint sitting of the Houses by message to them whenever he deems it desirable; and

(b)

shall call such a joint sitting―

(i)		if requested to do so by all three Houses; or
(ii)		whenever he refers a bill to a joint sitting in terms of section 32(1).”;

(b)

by the addition to subsection (3) of the following words:

“Provided that in the case of such a sitting called in terms of subsection (2)(b)(ii) a Chairman of a House designated by the Speaker may preside thereat.”;

(c)

by the substitution for subsections (4) and (5) of the following subsections:

“(4) The Speaker shall, subject to the other provisions of this section, determine the rules and orders for the order and conduct of the proceedings of such a joint sitting, and such rules and orders in respect of a joint sitting called in terms of subsection (2)(b)(ii) may differ from rules and orders in respect of any other joint sitting.

(5) No resolution shall be adopted at any [such] joint sitting other than a joint sitting called in terms of subsection (2)(b)(ii).”; and

(d)

by the addition of the following subsection: .

“(6) The quorum for a joint sitting called in terms of subsection (2)(b)(ii) shall be one half of the total number of members of the three Houses jointly.”.

Repeal of Part VIII of Act 110 of 1983

6. Part VIII of the principal Act is hereby repealed.

Amendment of section 99 of Act 110 of 1983, as amended by section 2 of Act 146 of 1992

7. Section 99 of the principal Act is hereby amended by the substitution for subsections (3) and (4) of the following subsections:

“(3) No repeal or amendment or authorization to repeal or amend section 7(1)(b) , (5) or (6), section 8(5), section 9(1) or (3)(a), section 14 or 15, section 16(1), section 19, 20 or 21, section 23(2), section 30, section 31(1) or (2), section 32(1), (1A), (1B) or (2) [(3) or (4)], section 33, section 34(2)(a), section 37(1), section 38(2), section 39(1) or (2), section 41(1), section 42(1), section 43(1), section 52, 53 or 54, section 64(3), section 67 [section 70(1), section 71(1) or (3)(b) or (c), section 77, section 78(5),] this subsection, subsection (4) of this section or Schedule 1 shall be valid unless the bill embodying such repeal or amendment or authorization to repeal or amend has been agreed to in every House by a majority of the total number of its members.

(4) A bill embodying the repeal or amendment of or authorization to repeal or amend any provision mentioned in subsection (2) or (3) of this section shall not be referred to [the President’s Council] a joint sitting for [its] decision under the circumstances contemplated in section 32(1).”.

Amendment of section 102 of Act 110 of 1983, as amended by section 11 of Act 105 of 1984

8. Section 102 of the principal Act is hereby amended by the deletion of subsections (11) and (12).

Pensions and other benefits payable to former members of President’s Council

9. (1) The State President may by proclamation in the Gazette determine the pension and other benefits or pension or other benefits payable to any person who was a member of the President’s Council immediately before the commencement of this Act or to the estate of any person who was a member of the President’s Council at any time since 27 September 1989 and who dies before the commencement of this Act.

(2) Such pensions and benefits may differ according to the offices held by members in the said Council, and according to the periods of office held by such members.

(3) The State President may, in order to give effect to any determination in terms of subsection (1), by proclamation in the Gazette amend or vary any law or any other rule of law.

Repeal of Act 103 of 1981

10. The Powers and Privileges of the President’s Council Act, 1981, is hereby repealed.

Transitional provisions and savings

11. (1) Notwithstanding the provisions of sections 70 and 74 of the principal Act, the President’s Council, as constituted at any time before the commencement of this Act, shall, for the purposes of the principal Act, be deemed to have been duly constituted at such time, and a meeting of at least one half of the members of the President’s Council at such time shall be deemed to have been a meeting of the Presidents Council for the exercise of its powers.

(2) Where any matters falling within the scope of the functions of the chairmen of any of the committees of the President’s Council have not been disposed of before the commencement of this Act, the said chairmen may, for two calendar months after the commencement of this Act, continue to perform such functions, and steps taken by such chairmen in connection with such functions, shall be deemed to have been taken in accordance with the provisions of the principal Act.

(3) A bill on which at the commencement of this Act there is disagreement among the Houses as contemplated in section 32(1) of the principal Act, shall be dealt with in accordance with the relevant provisions of the principal Act as amended by this Act.

Short title and commencement

12. This Act shall be called the Constitution Amendment Act, 1993, and shall come into operation on a date determined by the State President by proclamation in the Gazette.